1 2026:CGHC:18193 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2278 of 2026 1 - Jitendra Gond S/o Bhurelal Gond Aged About 25 Years R/o Village Semariya P.S.- Pamgarh, District Janjgir-Champa (CG) 2 - Sugreev Gond S/o Babulal Gond Aged About 19 Years R/o Village- Semariya, P.S.- Pamgarh, District Janjgir-Champa (CG) ... Applicant(s) versus 1 - State of Chhattisgarh Through The Station House Officer, Police Of P.S.- Pamgarh, District Janjgir-Champa (CG) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Vivek Singhal, Advocate For Respondent(s) : Ms. Ritika Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.04.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.66/2026, registered at Police Station – Pamgarh, Taluka Bhatapara, District – Janjgir-Champa (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act. 2. The case of the prosecution, is that the Police Station – Pamgarh, Taluka Bhatapara, District – Janjgir-Champa (C.G.) has received a VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.23 12:51:40 +0530 2 secret information through the informant and on the basis of such information the Police has seized a total of 108 liters of handmade liquor from the possession of the present applicants. Thereafter, the applicants have been arrested by the Police and the offence was registered. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there are two criminal antecedents registered against the applicant No.1 and one criminal antecedent registered against the applicant No.2 and details of the same are mentioned in the bail application at paragraph No.4(a). It is further submitted that the charge-sheet has been filed in this case. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. The applicants are in jail since 15.02.2026 and trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are two criminal antecedents registered against the applicant No.1 and one criminal antecedent registered against the applicant No.2 and details of the same are mentioned in the bail application at paragraph No.4(a). It is further submitted that a total of 108 liters of handmade liquor from the joint possession of the present applicants, therefore, they are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, 3 nature and gravity of allegation levelled against the applicants and charge-sheet has been filed against the applicants and they are in jail since 15.02.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant No.1, Jitendra Gond and applicant No.2 – Sugreev Gond involved in Crime No.66/2026, registered at Police Station – Pamgarh, Taluka Bhatapara, District – Janjgir-Champa (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening 4 of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaishali